(A) 1. What harmful effects to your competitive position, if any, do you think would 

result if the identity of the chemical substance is published on the Inventory? 

Since its inception, the Submitter has emphasized research with the result that a high 

percentage of the additives that it manufactures and sells were originated by the 

company. The Submitter's ability to develop additives to meet customer specifications 

has been a key factor in its success. The Submitter's success depends upon its ability to 

continue to develop better products than its competitors, while maintaining the 

confidentiality of its trade secrets. The Submitter has taken all prudent measures to 

maintain the confidentiality of its trade secrets including, among other things, selling 

products identified by number and not be any chemical name. Only the promise of such 

a market advantage tomorrow can justify the commitment of substantial research and 

development funds today. 

If EPA publishes on the Inventory tbe identity of the chemical substance, competitors 

would have knowledge not only of the chemical identity, but also, as indicated on 

question 19, processing of the chemical substance. Accordingly, the Submitter's market 

advantage with respect to this chemical substance would disappear. This would result in 

depriving the Submitter of the benefits of the underlying research and development costs, 

as well as skill and innovation of its employees. It would also unjustly enrich the 

Submitter's competitors, who bore none of these costs, but nonetheless, could market the 

substance depriving the Submitter of expectable sales and profits. Thus, disclosure of the 

identity of the chemical substance would cause the Submitter to lose a valuable property 

right and suffer economic loss. 

Most of the Submitter's competitors are 

•••• }. The Submitter must rely upon its skill and innovation to compete in this 

arena. Disclosure of specific chemical identity would lessen its ability to do so. The 

PMN substance will not be sold in a pure state, but only in products which consist of 

complex blends of chemical substances. It would be time-consuming and expensive for 

competitors to analyze the Submitter's product in order to determine the chemical 

identity of the substance reported in the Submitter's PMN. Due to the complex mixture 

of chemical additives present in the Submitter's products, such analysis is likely to be 

difficult and uncertain. If EPA publishes on the Inventory the identity of the chemical 

substance, competitors would have knowledge of the chemical identity of the substance 

without such analysis. In the event the PMN substance is sold as is, an analysis is still 

likely to be uncertain due to the complex nature of the product. 
2. How could a competitor use such information, given the fact that the 

identity of the substance otherwise would appear on the Inventory of chemical substances 

with no link between the substance and your company or industry? 

Even assuming the link between the Submitter's identity and the specific chemical 

identity is kept confidential, disclosure of the specific chemical identity on the Inventory 

would be harmful to the Submitter's competitive position. Given a specific chemical 

identity on the Inventory, a knowledgeable competitor may be directed to chemicals of 

the type in the subject PMN which are recognized as probably having one or two specific 

functions. Disclosure of the specific identity of the chemical substance would make a 

competitor aware that the composition had commercial potential. 

3. How substantial would the harmful effects of disclosure be? 

As discussed in response to questions (I) and (2) above, a competitor would use the 

identity of the chemical substance published on the inventory to manufacture and market 

the substance in competition with the Submitter. 

4. What is the causal relationship between the disclosure and the harmful 

effects? 

The disclosure of the identity ofthe chemical substance would be the direct cause of the 

harmful effects described in (1) above. The disclosure of the identity of the chemical 

substance would allow competitors to manufacture and use or market the substance in 

competition with the Submitter, without bearing the underlying research and 

development costs. This would deprive the Submitter of expectable sales and profits in 

respect to this substance. To compete, the Submitter relies upon its superior technology, 

skill and innovation. This advantage would be lost by disclosure of the identity of the 

chemical substance. 

(B) 5. For what period of time should confidential treatment be given? 

(Until a specific date, the occurrence of a specific event, or permanently?) Why? 

Confidential treatment of the specific identity of the chemical substance should be 

continued permanently. There is no date or event which would remove the need for 

confidentiality. Most of the Submitter's customers are also its competitors. To protect its 

competitive advantage, the Submitter normally does not disclose the specific chemical 

identity of the substances in its products even to its customers. Disclosure of such 

information at anytime, even after commencement of manufacture, would have a harmful 

effect upon the Submitter's competitive position. If the specific chemical identity is not 

communicated to the Submitter's competitors through disclosure by the EPA, there is no 

reason to expect that it would become known. 

(C) 6. Has the Chemical substance been patented? 

This composition is covered by a general patent which covers broad end product 

formulations. 
7. If so, have you granted licenses to others with respect to the patent as it 

applies to the chemical substance? 

No 

8. If the chemical substance has been patented, and therefore disclosed 

through the patent, why should it be treated as confidential for purposes of the Inventory? 

Descriptions in patent specifications are frequently generic, so that a competitor would 

not know from the existence of the patent that anything in the patent had, in fact, been · 

commercialized or, if commercialized, what specifically had been commercialized. Thus, 

a patent is not a source of specific chemical identity in the sense of "specific chemical 

identity" available through a PMN or the Inventory. The information in the subject PMN 

is far more specific, and must permanently remain confidential. 

(D) 9. Has the identity of the chemical substance been kept confidential to the 

extent that your competitors do not know it is being manufactured or imported for a 

commercial purpose by anyone? 

To the best of the Submitter's knowledge, the identity of the chemical substance has been 

kept confidential to the extent that its competitors do not know that it is being 

manufactured or imported for a commercial purpose by anyone. 

(E) 10. Is the fact that someone is manufacturing or importing this chemical 

substance for commercial purposes been made available to the public, e.g., in technical 

journals or other publications; or in state, local or federal agency public files? 

To the best of the Submitter's knowledge, the fact that someone is manufacturing or 

importing this chemical substance has not been made available to the public. 

(F) 11. What measures have you taken to prevent undesired disclosure of the fact 

that you are manufacturing or importing this substance for a commercial purpose? 

Security procedures are. employed as would normally be employed to protect confidential 

business information. Employees of the Submitter do not have access to the identity of 

chemical substances manufactured or to be manufactured by it unless they have 

legitimate business purpose for such information. In addition, employees with such 

access are required to sign Confidentiality Agreements and are instructed not to disclose 

the identity of such chemical substances to those outside of the company, except in those 

circumstances which are expressly approved by the Corporate Confidentiality 

Committee. Such disclosure is permitted only after careful consideration of business 

reasons and after steps have been taken, including execution of Confidentiality 

Agreements, to assure that the property rights of the Submitter will be adequately 

protected. 
In addition, the files containing confidential information in respect of this substance are 

locked at night, and maintained in the Submitter's buildings which are guarded twentyfour hours a day. No one has access to these files other than the Submitter's employees 

having a need to know. 

Moreover, all outsiders entering the Submitter's property must first be cleared in 

accordance with the Submitter's security procedures. 

Because of the confidential nature and because of confidential aspects of its 

manufacturing operation, the Submitter has in the past employed and continues to employ 

strict security measures, including codifying intermediates and products by numerical 

designations. 

(G) 12. To what extent has the fact that you are manufacturing or importing this 

chemical substance for a commercial purpose been disclosed to others? 

The fact that the Submitter will be manufacturing this chemical substance for a 

commercial purpose has not been disclosed to others (excluding the disclosure to the 

EPA in respect of the premanufacture notice and this notice, and counsel for this 

Submitter). 

13. What precautions have you taken in regard to these disclosures? 

Counsel for the Submitter are bound by the attorney-client privilege and are bound to 

preserve any such information as confidential. 

14. Has the information been disclosed to the public or to competitors? 

As stated in (12) above, the information has not been disclosed to the public or 

competitors. 

(H) 15. In what form does this particular chemical substance leave the site of 

manufacture, e.g., as part of a product; in an effluent or emission stream? 

It is contemplated that this particular chemical substance will leave the site of 

manufacture as a lubricant additive packages which are blend( s) formulated with several 

other chemicals and given coded number(s). 

16. What measures have you taken to guard against discovery of its identity? 

The new chemical substance and a blend(s) formulated with the new chemical substance 

have been or will be given a coded number( s ). The new chemical substance has not been 

nor will it be identified to recipients of it or recipients of blends containing it. As 

discussed in response to question (2) above, this chemical substance is one of many 

varieties of substances which potentially have a useful specific function as a lubricant 

additive. Without some information as to the identity or specific function of this 

substance, it is not likely that the identity of the substance will be derived. 
(I) I 7. If the chemical substance leaves the site of manufacture in a product that 

is available to either the public or your competitors, can they identify the substance by 

analyzing the product? 

As stated in (I) above, it would be time-consuming and expensive for competitors to 

analyze the Submitter's products in order to determine the chemical identity of the new 

chemical substance. Such analysis is likely to be difficult and uncertain due to the 

complex mixture of chemical additives present in the Submitter's products. 

(K) 19. Has EPA, another Federal agency, or any Federal court made any 

pertinent confidentiality determinations regarding this chemical substance? If so, copies 

of such determinations must be included in the substantiation. 

Neither EPA nor any other Federal agency or court has made any pertinent 

confidentiality determination regarding this new chemical substance. 

20. Would disclosure of the chemical identity disclose processes used 

in the manufacture or processing of a chemical substance or mixture? Describe how this 

would occur. 

The chemical identity of this organic chemical suggests a process or potential processes 

for producing this chemical. It is common practice among chemists in the fuel and 

lubricant additive field to devise a chemical structure for evaluation in a given 

application, then to work backwards to devise a useful, economical synthetic pathway. 

The number of pathways is limited. These are restricted further by factors such as 

availability and cost. Thus, a knowledgeable chemist would be able to arrive at one or 

two processes rather quickly. There is a high probability that one such process is, in fact, 

the commercially useful path. Thus, a competitor would not only know the chemical 

identity but also could quickly devise a process to compete with the Submitter, depriving 

the Submitter of expected profits. See questions (1-4) for additional discussion of the 

harmful competitive effects which would occur from disclosure of chemical identity and 

corresponding process information. 

21. Do you assert the disclosure of the chemical identity is not 

necessary to interpret any of the health and safety studies you have submitted? If so, 

explain how a less specific identity would be sufficient to interpret the studies. 

We believe for the following reasons that knowledge of the chemical identity is not 

necessary for the interpretation of the studies submitted with the subject PMN. Studies 

normally conducted on new chemical substances are standard and straightforward. 
Anyone who is familiar with these types of studies would be able to interpret tbe results 

once they have the results precisely because they are quantitative in nature and do not 

rely on qualitative interpretation.